http://news.independent.co.uk/world/americas/story.jsp?story=616652
Vietnamese victims of Agent Orange sue US chemical companies
INDEPENDENT (London) 04 March 2005
By Andrew Buncombe in Washington
Vietnamese citizens who say they have suffered a lifetime of health
problems after being poisoned by Agent Orange during the Vietnam War are
suing the American chemical companies that provided the Pentagon with the
toxic defoliant.
The case has huge implications. If successful it could open the way for
claims against companies that produce weapons such as depleted
uranium-tipped munitions, which have been strongly linked to cancer.
In the lawsuit filed this week, it was alleged that up to four million
Vietnamese suffered persistent respiratory and reproductive problems as a
result of being contaminated by Agent Orange. They are seeking
compensation that could run to billions of dollars from 30 companies, such
as Dow Chemical and Monsanto. One of the plaintiffs, Dr Phan Thi Phi Phi,
told the court in New York she had worked in an area that was heavily
sprayed with the defoliant and suffered four miscarriages during the early
1970s. "We did not know what happened to us, what was the cause of it, so
we were very sad because we had so many miscarriages and we could not have
children," she said.
US forces routinely sprayed the defoliant to clear areas of jungle where
they believed Communist forces were hiding, and to destroy their crops.
Although $300m (160m) has been paid out to American troops who fought in
Vietnam, there has never been any compensation paid to the Vietnamese.
Scientists have stated that the defoliant can cause cancer, diabetes,
birth defects and other problems.
Jonathan Moore, a lawyer for the plaintiffs, said: "The companies ... knew
Agent Orange contained high levels of dioxin and did not care because ...
they figured the only people getting sprayed were the enemy."
The firms have sought to dismiss the claim. This week their lawyers argued
that the US courts had no power to penalise companies for executing the
orders of a president exercising his powers as commander in chief. Lawyers
also stated that companies normally enjoyed exemption from criminal and
civil liability for alleged war crimes. The Justice Department also sought
dismissal of the lawsuit, arguing that opening the US courts to former
wartime enemies could threaten presidential power to wage war. The US
government has argued that the effects of Agent Orange are not supported
by direct evidence.
District Judge Jack Weinstein questioned whether presidential orders
exempted the firms, citing the actions of German corporations during the
Second World War.
Dave Cline, of Vietnam Veterans against the War, supported the action. He
said US veterans had fought for years to receive compensation for 11
separate conditions and illnesses linked to Agent Orange. "In Vietnam they
say three million people still suffer," he said.
No one from Dow Chemical was available to comment.